California Probate Code 19509 – (a) On application of an authorized fiduciary, a person entitled …
(a) On application of an authorized fiduciary, a person entitled to notice under subdivision (c) of Section 19507, a beneficiary, or, with respect to a charitable interest, the Attorney General or other person that has standing to enforce the charitable interest, the court may do any of the following:
(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this part and is consistent with the fiduciary duties of the authorized fiduciary.
Terms Used In California Probate Code 19509
- Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
- Fiduciary: A trustee, executor, or administrator.
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this part and to exercise the decanting power.
(3) Approve an exercise of the decanting power.
(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because of either of the following:
(A) After applying Section 19522, the proposed or attempted exercise does not or did not comply with this part.
(B) The proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty.
(5) Determine the extent to which Section 19522 applies to a prior exercise of the decanting power.
(6) Provide instructions to the trustee regarding the application of Section 19522 to a prior exercise of the decanting power.
(7) Order other relief to carry out the purposes of this part.
(b) If an application is made under subdivision (a), the burden is on the authorized fiduciary to establish that notice was given as required by Section 19507 and that the authorized fiduciary may exercise the decanting power.
(c) On application of an authorized fiduciary, the court may approve either or both of the following:
(1) An increase in the fiduciary’s compensation under Section 19516.
(2) A modification under Section 19518 of a provision granting a person the right to remove or replace the fiduciary.
(Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.)